Read Full-Text Decision

Defendants, including Goldfingers, appealed from a Civil Court order denying their motion for summary judgment dismissing the complaint asserted against them by administrator of decedent’s estate. Decedent sought admission to the “gentlemen’s club,” but bouncer Ingrassias refused to permit him entrance, believing he was intoxicated. Ingrassias enlisted assistance of a club patron, Rodriguez, to escort decedent outside. An altercation ensued between Rodriguez and decedent causing him to fall down a flight of stairs, resulting in his death. Administrator sued for negligence, among other things, seeking to recover damages for personal injuries, and wrongful death. A default judgment was granted against Rodriguez. Goldfingers argued it had no duty to protect decedent from a sudden and unforeseen act by Rodriguez, and could not be held vicariously liable for Rodriguez, a patron, or Ingrassias, an independent contractor. The panel found civil court properly denied summary judgment as Goldfingers failed to tender sufficient evidence to show absence of any material issues of fact. Also, deposition testimony raised issues of fact as to the sufficiency of the security staff at the time of the incident, and the panel affirmed the order.